V P GULATI Vs. SUMITRA SONI

JUDGEMENT

(1.) The question that arises in these proceedings is whether after interim rent has been fixed by the Rent Controller under section 15 (2) of the Delhi Rent Control Act, 1958 (hereinafter called the Act) which is less than the agreed rent as alleged by the landlord, it is open to the landlord to file a suit for the balance of the amount during the pendency of proceedings before the Rent Controller and as to when the limitation would start for the recovery of the difference of the amount between the interim rent and the agreed rent.

(2.) On 18.1.1964 the respondent-landlord filed an application for eviction of the appellant from the premises in dispute on the ground of bonafide need. An application under Section 15 (2) of the Act was filed on 20. 8. 1964 for orders directing the tenant to deposit the arrears of rent which was alleged to be Rs. 125.00 p. m and due from 1.4.1964. The tenant- appellant raised the plea of standard rent and the Rent Controller by his order dated 10. 1. 1966 fixed the interim rent at the rate of RS.IOO.00 p. m. Ultimately the application failed because of want off notice by the landlord and was dismissed on 2. 2. 1968

(3.) The landlord on 1. 1. 1970 filed another application for eviction on the ground of personal bona fide requirement. On 30 1.1970 the respondent filed anapplication under Section 15 (2) of the Act for an order directing the appellant to deposit the arrears of rent. The rent claimed was from 1.4. 1964 to 31. 12. 1969 which came to be a sum of Rs. 8625.00out of which the appellant was stated to have deposited rent of Rs. 3700 and a balance of Rs. 4925.00 was still due.